[거절사정][공1992.1.15.(912),311]
The case reversing this decision on the ground that there was an error of incomplete deliberation in the original adjudication dismissing a request for an appeal on the ground that the amendment on the ground of a request for appeal filed after the designated period under Article 103 (1) of the former Patent Act (amended by Act No. 4207 of Jan. 13, 1990) is not adopted.
In a case where a request for a trial against a ruling of rejection is filed, the appeal shall examine and determine the propriety of the ruling of rejection and shall determine whether to accept the request for a trial, except in the case where the request for a trial is dismissed under Article 127 of the former Patent Act (wholly amended by Act No. 4207, Jan. 13, 1990) on the grounds that the request for a trial against a ruling of rejection is unlawful, and shall also determine whether to accept the request for a trial against a ruling of rejection, and it shall be reversed on the ground that the correction of the reasons for the request for a trial filed after the designated period under Article 103(1) of the same
Articles 103(1) and 127 of the former Patent Act (amended by Act No. 4207 of Jan. 13, 1990)
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)
[Defendant-Appellant-Appellant-Appellant-Appellee] Plaintiff 1 et al., Counsel for defendant-appellant-appellant-appellant-appellee and one other
The Commissioner of the Korean Intellectual Property Office
Korean Intellectual Property Office Order 90 No. 734 dated December 29, 1991
I reverse the original decision.
The case shall be remanded to the Korean Intellectual Property Office Appeal Office.
According to the reasoning of the original decision, the court below rejected the applicant’s appeal on the ground that the amendment on the ground for the appeal of this case filed after the designated period under Article 103(1) of the former Patent Act has expired, without examining and determining the validity of the ruling of rejection that became the object of objection in the appellate trial, and on the ground that the amendment on the ground for the appeal
However, if a request for a trial against a ruling of rejection is filed, the appellate court shall deliberate and decide on the propriety of the ruling of rejection, except in cases where the request for trial is dismissed under Article 127 of the former Patent Act because the request for trial is unlawful and the request for trial is dismissed under Article 127 of the former Patent Act, and shall decide on whether to accept the request for trial against a ruling of rejection. Therefore,
The original trial decision is a matter of law that did not complete the hearing of the case and made a trial decision.
Therefore, it is so decided as per Disposition by the assent of all participating Justices who reviewed the appeal.
Justices Kim Jong-soo (Presiding Justice)